Legal Question in Civil Litigation in Maryland

Neighbor Removed Connecting Property Fence

There is a fence between my house and the neighbors. Several years ago (before this neighbor) we added an extension to his fence by 10 ft and then an "L" for the gate which connects our house. The other day I arrived home and the neighbor had removed our portion of the fence. This allows my dog to leave the back yard freely. He also removed the pole that connects to my gate. Is this legal? I have filed criminal theft charges against him but don't know how to prove that that portion was put in by me or does it matter because he removed the fence without notifying us? I am in search of a lawyer


Asked on 12/09/98, 12:24 pm

2 Answers from Attorneys

Lowell Wilson Law Office of Lowell G. Wilson

Re: Neighbor Removed Connecting Property Fence

A lot depends on how long ago a few years is. If you

had the fence up there for a certain period of

time then you have a case of adverse possession, but

that takes a very long time. If by a few years

you mean something like 5 years or so, then the

answer depends on whose property the fence was on.

If it was on yours then the neighbor was out of line

and you likely have recourse.

Hope that helps. You should, as you indicated you plan to, take all this information

and more to a lawyer. If I can be of help, let me

know. I'm in Howard County at 410-461-8465.

Lowell Wilson

Law Office of Lowell G. Wilson

8335 Court Avenue


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Answered on 1/22/99, 9:59 am
Robert Sher Wagshal and Sher

Re: Neighbor Removed Connecting Property Fence

It certainly was unneighborly of your neighbor to take the action he did without consulting you, especially since he at least tacitly agreed to allow you to incorporate your addition to the fence in order to completely enclose your yard. If any of your addition is on your property or on the property line, you have a claim against your neighbor for destroying your property. I don't know if the police will treat it as a criminal matter, however.

Robert Sher

Wagshal and Sher

5530 Wisconsin Ave-Suite 1200


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Answered on 1/22/99, 4:18 pm


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